Losing Commission when resigning?

Losing Commission when resigning?

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DarylB90

Original Poster:

150 posts

112 months

Thursday 4th August 2016
quotequote all
Hi All,

A colleague of mine who has recently started working with me is being chased for some commission his previous employers say has been paid in error.
He was an estate agent and they want £650 back they paid him in commission in his last pay packet.
It's not a huge amount of money so he's thinking of offering to pay it back monthly because he doesn't want the hassle.
I don't think he should pay them anything though so thought I'd ask for peoples thoughts on here.
He earned the commission and the estate agent in question aren't arguing that but in his contract it stated that he would lose all commission owed if he ever resigned.
I'm not sure this is legal though and even though it is in his contract I'm not sure they can enforce it.
He has had threating legal letters to his mothers house so is getting a little concerned.
Anyone had any experience with this sort of thing?

DarylB90

Original Poster:

150 posts

112 months

Friday 5th August 2016
quotequote all
Thanks for the responses so far guys.
We are waiting for the contract to be sent over so i'll let you know the exact wording.
He got paid on the 27th May which included April's commission.
He handed his notice in on the 20th May when payroll had already been done.
He hasn't been paid May's commission.
It's April's commission that they are chasing.